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Contract for work in the field of construction
Slámová, Anna ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Guardianship in inheritance proceedings Abstract The presented diploma thesis deals with "guardianship in inheritance proceedings". The thesis aims to evaluate the meaning and purpose of the institute of guardianship focused on inheritance proceedings, to describe its legislation and relevant jurisprudence, and answer the question of whether the current legislation on guardianship provides sufficient protection to the rights and interests of persons under special protection participating in court proceedings. The thesis consists of five parts, including an introduction and a conclusion. The first part focuses on inheritance proceedings, its legal regulation, sources, and the proceedings in the context of the legal system. Inheritance proceedings are defined as non-disputed proceedings, and a comparison between non-disputed and disputed proceedings is also given. This part explains the court's jurisdiction, the preconditions, the proceedings' initiation, and the notary's role as a court commissioner. The course of the entire inheritance proceedings and the decisions issued in the proceedings are also described. In the second part, the participation in civil court proceedings is discussed. A general explanation of procedural entities, preconditions for participation such as procedural capacity and capacity to...
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Bankruptcy, imminent bankruptcy and coverage gap
Škopek, Josef ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Bankruptcy, imminent bankruptcy and coverage gap Abstract In the presented diploma thesis, I deal with the main institutions of insolvency law, which are bankruptcy and imminent bankruptcy. There are two forms or reasons for bankruptcy, namely insolvency or over-indebtedness. I tried to explain the imminent bankruptcy on the basis of a brief legal provision with the help of the literature I used. In my thesis, I emphasize the legislator's efforts regarding the newly adopted legislation for the benefit of active and honest potential debtors. I mentioned the newly adopted norm of the preventive restructuring act. The above forms of bankruptcy can be detected by bankruptcy tests. In the case of insolvency, it is a liquidity test, and in the case of over-indebtedness, a balance sheet test. Insolvency and over-indebtedness have a common condition in the form of at least two known creditors of the debtor. In other aspects, it differs in persons, where over-indebtedness is determined only in the case of an entrepreneur. Another difference is the different inclusion of payable or non-payable liabilities when determining bankruptcy. In my thesis, I present ways of solving bankruptcy, which are either liquidation or rehabilitation. The first-mentioned way is represented by a bankruptcy declaration, and the...
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The Insolvency Practitioner as a Procedural Entity of Insolvency Proceedings
Weigl, Veronika ; Macková, Alena (advisor) ; Havel, Bohumil (referee) ; Patakyová, Mária (referee)
1 Název disertační práce v anglickém jazyce, abstrakt v anglickém jazyce a 3 klíčová slova v anglickém jazyce The Insolvency Practitioner as a Procedural Entity of Insolvency Proceedings The aim of this thesis is to thoroughly analyse the status of the insolvency practitioner as a procedural entity of insolvency proceedings de lege lata, to reveal unclear or unsatisfactory points of the applicable legislation and on the basis of this analysis to suggest appropriate legislative changes de lege ferenda. The insolvency practitioner may be a natural person, an unlimited partnership and under certain conditions also a foreign company. The performance of this activity is regulated by law and a great emphasis is placed on qualifications of the insolvency practitioner, however, the legislator could have been stricter regarding the qualifications. Nationals of a member state and foreign companies providing the same guarantees of liability of shareholders as an unlimited partnership, which are performing the activity of an insolvency practitioner in another Member State, may also temporarily or occasionally act as visiting insolvency practitioners in the Czech Republic. The right to perform the activity of the insolvency practitioner is exercised through performance of insolvency practitioner's office in specific...
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Mediation in the Czech Republic
Jaroš, Jan ; Macková, Alena (advisor) ; Zahradníková, Radka (referee) ; Dörfl, Luboš (referee)
DISERTAČNÍ PRÁCE V ANGLICKÉM JAZYCE Mediation in the Czech Republic A doctoral thesis represents an evaluation of the fulfillment of the legislator's predicted objectives and expectations placed into the adopted legislation of mediation after ten years of its effectiveness in the legal system of the Czech Republic. The text is divided into thirteen chapters, which gradually address the main topics related to the new civil law regulation of mediation. The first chapter briefly describes the development and existing mediation regulation in the Czech Republic. Next, there are identified the main points of research interest, which are elaborated in more detail in the following chapters. The attention is successively paid to the topics of (i) the duplex legal regulation of mediation, (ii) the performance of mediation outside the framework of the Mediation Act, (iii) the presumed benefits and guarantees associated with mediation under the Mediation Act, (iv) confidentiality of the subjects involved in mediation, (v) the remuneration and reimbursement of the mediator's expenses, (vi) prerequisites for the registered mediator profession, (vii) special legislation for mediator-attorneys, (ix) regulation of the first ordered meeting with a registered mediator, (x) the statute of limitations, (xi) direct...
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Resolution of consumer disputes from insurance with focus on comparison of judicial and selected alternative dispute resolution methods
Škrobánková, Sabina ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Resolution of consumer disputes from insurance with focus on comparison of judicial and selected alternative dispute resolution methods Abstract The diploma thesis focuses on comparing judicial and alternative dispute resolution methods of resolving consumer disputes from insurance. Financial arbitration and the proceeding held by Office of the Ombudsman of the Czech Insurance Association were selected as alternative dispute resolution methods. The author characterizes these institutions and the court as the guarantor of the constitutionally guaranteed right to judicial protection. Furthermore, the work analyzes judicial and selected alternative dispute resolution methods in insurance disputes, with the consumer on one side, and on the other side, the insurance company or insurance intermediary. The individual proceedings before the selected institutions and the court are primarily analyzed from the perspective of the participants, especially consumers. The work is divided into four chapters, structured as follows: The first chapter defines key terms such as insurance, insurance contract and its parties, as well as other persons and entities involved in the contractual relationship, entrepreneur, consumers, and consumer disputes related to insurance. The chapter concludes with a brief typology of consumer...
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Family meditation in the Czech republic
Fišerová, Rebeka ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis aims to introduce mediation as one of the alternative dispute resolution methods, specifically focusing on its application in the field of family mediation. In the initial part of the thesis, mediation is described, involving its scope, process, and legal regulations in the Czech Republic, in the European Union, and internationally. Following this, family mediation, its objectives, and specific aspects are introduced. The subsequent section conducts a comparative study between family mediation and court proceedings in family law disputes. The study seeks to compare both methods of dispute resolution and to determine whether mediation can be a more effective solution for family law disputes. The areas chosen for comparison are the entrusting the child to the care of another person, the settlement of community property, and the determination of child support. In each of these cases, a comparison is made regarding the initiation of proceedings, their course, duration, the financial difficulty, and the enforceability of the resulting solution. The findings of the comparative study support the hypothesis that mediation can be a more effective approach to resolving family law disputes. Mediation generally offers a faster and more cost-effective solution compared to court proceedings, especially in...
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Motor third party liability insurance
Šmíd, Jan ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
1 Abstract Motor third party liability insurance The diploma thesis deals comprehensively with the issue of liability insurance for damage caused by the operation of a vehicle - the most important compulsory contractual insurance in the Czech Republic, focusing on the creation of the obligation of the damager to compensate for damage caused by the operation of the vehicle and the subsequent creation of the right of the injured party to insurance benefits. The aim of this thesis is a comprehensive solution of the situation arising as a result of a traffic accident caused by a combination vehicle, the individual parts of which are insured by different insurers and a description of the legal relations between the individual entities. To this end, the thesis is divided into four chapters. In the first chapter of the thesis, the institution of insurance is generally defined, as well as the basic concepts associated with this institution. In the second chapter of the thesis, an interpretation of the creation of the duty of the tortfeasor to compensate for the damage is given, focusing on the damage arising in connection with the operation of vehicles, including an interpretation of closely related issues to the tortfeasor's duty to compensate for the damage. Subsequently, the current legal regulation of liability...
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Guide to the Obligation to Instruct in Civil Proceedings
Fliegel, Ondřej ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
58 Abstract Guide to the Obligation to Instruct in Civil Proceedings The thesis aims to create a comprehensive guide to the court's obligation to inform participants in civil litigation. Translated work aims to familiarize the readers, regardless of their legal education, with the procedural and legal concept of informing, in accordance with the various stages of the proceedings. In the introductory part, the author presents theoretical part of the selected foundations of the civil court's obligation to inform, but most of the attention is devoted to the guide itself. In the practical chapters, the author describes the individual stages of the contentious civil proceedings, explaining the court's obligations to inform in each phase. The thesis also includes an analysis of informing during appellate and cassation proceedings. The thesis is primarily based on judicial jurisprudence, particularly that of the Constitutional Court and the Czech Supreme Court, which provides a practical insight into the contemporary understanding of the obligation to inform. In addition, the author relied on monographs, university textbooks, legal journals, and extensively utilized commentary literature as sources of information. For selected topics, the author also offers his own perspective on the issue and subjects it to...
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Mediation in the Czech Republic
Jaroš, Jan ; Macková, Alena (advisor) ; Zahradníková, Radka (referee) ; Dörfl, Luboš (referee)
NÁZEV DISERTAČNÍ PRÁCE V ANGLICKÉM JAZYCE, ABSTRAKT V ANGLICKÉM JAZYCE A 3 KLÍČOVÁ SLOVA V ANGLICKÉM JAZYCE Mediation in the Czech Republic A doctoral thesis represents an evaluation of the fulfillment of the legislator's predicted objectives and expectations placed into the adopted legislation of mediation after ten years of its effectiveness in the legal system of the Czech Republic. The text is divided into two main sections. The first section deals with topics related to the Act on Mediation and the Decree on Examination and Mediator's Remuneration. The second part is concerned with the consequences and connections that are not explicitly regulated by such legislation. In the specific chapters, the expectations of the legislator and subsequent opinions arising from ten years of expert discussion are presented. The author's own conclusions formed using appropriate methodological procedures, especially analytical, normative and empirical approach follows. If possible, available statistical data and partly also foreign examples were used in the thesis. In the first part, the addressed topics are (i) the duplex legal regulation of mediation, (ii) the consequences of such duplexity, i.e. advantages and disadvantages for the mediator and participants, (iii) the performance of mediation according to the Trade...
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Notary - comparison in Czech and French legal system
Valter, Štěpán ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Notary - comparison in Czech and French legal system Abstract This thesis deals with the comparison of the notarial profession in the Czech and French legal system. The aim of the thesis is to compare selected legal institutes of the notarial profession from the perspective of Czech and French legislation. The institutes in question represent the basic parameters of the notarial profession and therefore the author also tries to reach a comprehensive view of notarial profession and to present it from the perspective of Czech and French legislation. The author tries to achieve these aims primarily by means of descriptive and comparative methods. The diploma thesis is divided into six parts, with each part dealing with a selected legal institute from the perspective of both Czech and French legislation. The first part deals with the general concept of notary public and its world concepts, which are the Latin-type notarial system and the Anglo-Saxon notarial system. The second part is devoted to the basic legal basis of the notarial profession. In both the Czech and French cases, it deals with the person of the notary and his/her office, the prerequisites for exercising notarial activities, the various ways of exercising notarial activities and the notary's staff. The third part of the thesis deals with the...
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